Rukma D/o Kaludas vs Sahdev S/o Prahalad Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 1639

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA PRAKASH SHRIMALI, JJ.
Rukma D/o Kaludas – Appellant
Versus
Sahdev S/o Prahalad Das – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sushil Kumar
For the Respondent: Karan Joshi

JUDGMENT :

CHANDRA PRAKASH SHRIMALI, J.

1. By way of both the instant civil misc. appeals filed under Section 19 of the Hindu Marriage Act, the appellant has raised her grievance against the judgment dated 24.05.2023 passed by the learned Judge, Family Court, Merta (hereinafter to be referred as ‘the Family Court’) in Civil Case Nos. 185/2021 and 189/2021, whereby the appellant’s application filed under Section 13 of the Hindu Marriage Act for divorce was rejected and the respondent’s application filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was allowed.

1.1. The appellant has invoked magnanimity of this Court to set aside the judgment impugned dated 24.05.2023, allow her application under Section 13 of the Hindu Marriage Act, dismiss the application of the respondent under Section 9 of the Hindu Marriage Act and pass a decree of divorce accordingly.

2. The brief facts necessary for disposal of the instant appeals are that the appellant solemnized marriage with the respondent on 25.05.2013 and their siblings also married each other as per ‘Aata Saata’ rituals. Subsequently, the respondent deserted the appellant shortly after the marriage, having tre